Mr. Weedon from the committee on Inland navigation, to whom
was referred the report of John D. Terrell, Esq. upon the examination
of the Buttahache river, reported a bill to be entitled, an act
allowing compensation to John D. Terrell, Esq., for making a survey
and examination of the Buttahache river; which was read a first
time. and the rule being dispensed with, it was read a second
time, and ordered to lie on the table.

Mr. Moore from the select committee to whom was referred, a
bill to be entitled, an act to reduce into one the

204

several acts concerning roads, bridges and highways, reported
the said bill with amendments, in which the House concurred.

Mr. Evans moved to strike out the 7th section of said bill;
which was carried. The bill was then amended --- Upon the question
being put, shall this bill lie on the table? it was decided in
the negative. Ayers, 17, nays 25.

The ayes and nays being called for, those who voted in the
affirmative, are

And be it further enacted, That from and after the passage
of this act, all students of any academy or school within this
State be, and the same are hereby, exempted from working on public
roads; which was adopted. Ayers 24, nays 22.

The yeas and nays being called for, those who voted in the
affirmative, are

Ordered, that the said bill be engrossed for a third
reading this evening.

Mr. Clay introduced a resolution concerning the printing of
the Journals and Laws of the present General Assembly; which was
read a first time. And the rule being dispensed with, it was read
a second time, and Ordered, to be engrossed for a third
reading this evening.

A bill to be entitled, an act supplementary to the act for
the establishment of a State University, --- was read a third
time.

The question being put on filling the blank in relation to
the minimum price for the sale of the college lands

205

with "twenty four dollars;" it was decided in the
negative. Ayes 15, nays 31.

The yeas and nays being called for, those who voted in the
affirmative, are

Mr. Morton moved to reconsider the vote on the seventeenth
section of said bill; which was carried.

Mr. Moore offered an amendment to said section, by providing
that the lands mentioned in the bill should not be sold before
the first day of January 1821, --- which was decided in the negative.
Ayes 18, nays 31.

The ayes and nays being called for, those who voted in the
affirmative, are

Ordered, that the words "a bill to be entitled"
be stricken out. Ordered, that the same be sent to the
Senate for their concurrence.

207

A message was received from the Senate, by Mr. Lyon, their
secretary, informing this House, that they had read a third time
and passed, a bill originating in this House, entitled, an act
to fix the permanent seat of justice in Montgomery county; which
they have amended; and in which amendment they desire the concurrence
of this house.

Also, that they had read a third time and passed a bill entitled,
an act making it the duty of the Comptroller to issue printed
warrants; and, a resolution allowing the Comptroller two hundred
and fifty dollars, in addition to his present salary: In both
of which they desire the concurrence of this House.

Also, that they insist on their amendments to the bill entitled
an act to alter and amend the several acts now in force, organizing
the militia of this State.

Also, that they had read a third time and passed the bill,
originating in this House, entitled, an act for the relief of
John Easley.

And, A bill entitled an act to appoint commissioners to lay
out certain roads therein specified, and for other purposes; both
of which they have amended; and in which amendments, they desire
the concurrence of this House.

Also, that the had read a third time and passed a bill originating
in this House, entitled, an act to repeal in part and amend an
act, entitled an act, to regulate the proceedings in the courts
of law and equity in this State; which they have amended; and
in which they desire the concurrence of this House.

The question being taken on concurring with the amendment made
by the Senate, to the bill to be entitled an act to fix the permanent
seat of justice for Montgomery county, it was decided in the negative.
Ayes 10, Nays 24.

The yeas and nays being called for, those who voted in the
affirmative are,

Ordered, That the House insist on their disagreement
to the amendments made by the Senate to the bill to be entitled
an act to alter and amend the several acts now in force, organizing
the militia of this State.

The House then adjourned, till 3'oclock, this evening.

Evening Session.

A bill from the Senate to be entitled, An act making it the
duty of the Comptroller to issue printed warrants, was read a
first time; and the rule being dispensed with, it was read a second
time, and ordered to lie on the table.

Ordered, That the House concur in the amendment made
by the Senate, to the bill to be entitled An act for the relief
of John Easley.

Ordered, That the House concur in the amendments made
by the Senate, to the bill to be entitled An act to appoint commissioners
to lay out certain roads therein specified, and for other purposes.

Ordered, That the House concur in the amendments made
by the Senate, to the bill to be entitled, an act to repeal in
part, and amend an act entitled an act to repeal in part and amend
an act, to regulate the proceedings in the courts of law and equity
in this State, passed June 14, 1821.

Mr. Perry from the committee on enrolled bills, reported, that
the committee had examined bills of the following titles, to wit:

An act to abolish the fictitious proceedings in ejectment,
and for other purposes therein mentioned;

An act to raise a revenue for the support of Government for
the year 1822;

Resolutions instructing our senators and representative in
Congress, in relation to the census of this State;

Memorial to Congress on the subject of connecting the

209

waters of the Tennessee river, with those of the Alabama river;
and,

An act for the relief of John Easley; which they find correctly
enrolled.

Mr. Powell offered the following protest:

I avail myself of the privilege granted to me by the constitution
of my country, as one of the representatives of a free people,
in protesting against the decision of the House of Representatives,
whilst engaged on the bill to be entitled "An act to apportion
the representatives among the several counties of this State,
and to divide the same into senatorial districts, according to
the late census, at the ration of 1730 for the representative
branch," in rejecting two motions made by me. The object
of the one of which, was to give Pickens county one representatives,
which being rejected, --- the other was to require the assessor
of the said county, for the next year, to take the census thereof,
according the law heretofore in force, and forward the same to
the Governor, who thereby would have been required, if the population
of the county equalled the ratio of representation, to issue a
writ of election accordingly, --- In support of the first motion,
although Pickens county had no census returned, I had precedent
to support me; for the House had just decided, that Henry county
situated in the same condition, and with no further claims for
representation, should have one; --- and with regard to the last,
I conceive the object and design of our government, based on the
immutable principles of equal rights, never intended, that
a fair portion of the State of Alabama, should be deprived of
the inestimable blessings of representation, for an omission which
has proceeded, not from any neglect of the suffering party, but
from the want of civil officers, to carry into effect the objects
of the law, and which, as I conceive, would have answered that
purpose, without violating any provision of the constitution.

Levin Powell.

A message was received from His Excellency, by Mr. Pleasants,
secretary of State, informing this House that he did, on the 13th
instant, approve and sign: An act declaring the Conecuh and Sepulgah
rivers, public highways; an act to apportion the representatives
among the several counties of this state, and to divide the same
into senatorial districts, according to the late census, at a
ration of 1730 for the

18*

210

representative branch; and on this day, an act expressing the
gratitude of the state of Alabama, for the services rendered by
Samuel Dale, to this state; and, an act supplementary to an act
entitled, an act for the relief of securities; all of which originated
in this House.

Engrossed resolutions concerning the printing of the laws and
journals of the present General Assembly; were read a third time
and passed.

Ordered, that the same be sent to the Senate for their
concurrence.

A bill to be entitled, an act to repeal in part and amend an
act entitled, an act to reduce into one the several acts concerning
roads, bridges and ferries; was read a third time and passed.
Ordered, that the title be as aforesaid.

Ordered, that the same be sent to the Senate for their
concurrence.

Ordered, that the committee of the whole be discharged
from the further consideration of the bill to be entitled, an
act in relation to the banking institutions of this state.

Mr. Weedon moved to amend the second section of said bill,
by striking out the word "legal" before the word "interest,"
for the purpose of inserting "at the rate of per centum per
month;" which was decided in the negative --- ayes 7, nays
39.

The yeas and nays being called for, those who voted in the
affirmative, are

The bill was then read a third time and passed; Ordered, that
the Senate be acquainted therewith.

A bill from the Senate to be entitled, an act for the relief
of Williams B. Allen, was read a third time and passed.

Ordered, that the Senate be acquainted therewith.

A bill from the Senate, to be entitled, an act concerning writs
and executions; was read a second time; and the rule being despensed
with, it was read a third time and passed.

Ordered, that the Senate be acquainted therewith.

A message was received from the Senate by Mr. Lyon their secretary,
informing this House, that they had read a

211

third time and passed, an act to divorce Sarah M. Bracken from
her husband James A. Bracken, in pursuant of the decree of the
circuit court of Franklin county, exercising chancery jurisdiction;
and, an act to amend an act to establish the temporary seat of
justice in certain counties therein named; which originated in
this House.

Ordered, that the House concur in the amendments made
by the Senate, to the bill to be entitled, an act to extend the
time for collecting the tax and making returns, to the person
therein named.

A bill to be entitled, "an act for the relief of Thomas
H. Kirby, tax collector of Jackson county for the year 1820; "was
read a third time and passed; Ordered, that the title be
as aforesaid; Ordered, that the same be sent to the Senate
for their concurrence.

Ordered, that Messrs. Brown and Holderness have leave
of absence, during the remainder of the session.

A bill from the Senate to be entitled, an act amendatory to
the several laws now in force for the relief of insolvent debtors;
was read a third time and lost.

A bill to be entitled, an act making appropriations for the
year 1822; was ordered to lie on the table.

A message was received from the Senate, by Mr. Lyon, their
secretary, informing this House, that they have read a third time
and passed, a bill originating in this House, to be entitled,
an act to extend the time for collecting the tax and making returns,
to the persons therein named, to which they have made sundry amendments,
in which they desire the concurrence of this House.

Ordered, that Mr. Bagby have leave of absence from this
House during the remainder of the session.

Ordered, that the House insist on their disagreement
to the amendment, made by the Senate to the bill to be entitled,
an act to fix the permanent seat of justice for Montgomery.

Ordered, that Mr. Craig and Mr. Masterson, have leave
of absence for the remainder of the session. The question being
put, shall this House adjourn till Monday morning nine o'clock?
It was decided in the negative --- ayes 18, nays 20.

The yeas and nays being called for, those who voted in the
affirmative, are